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1 COUNTY LIMESTONE QUARRIES, 353.4

CHAPTER 353COUNTY LIMESTONE QUARRIES

Referred to in 331.382

This chapter not enacted as a part of this title; transferredfrom chapter 202 in Code 1993

353.1 Definitions.353.1A Board may establish.353.2 Equipment to operate.353.3 Petition by farm owners.353.4 Assessment lien.353.5 Interest on installments.

353.6 Anticipatory warrants.353.7 Contents of warrants.353.8 Registration call.353.9 Price of lime.353.10 Cost calculated.353.11 Relief labor.

353.1 Definitions.As used in this chapter, unless the context otherwise requires, book, list, record, or

schedule kept by a county auditor, assessor, treasurer, recorder, sheriff, or other countyofficer means the county system as defined in section 445.1.2000 Acts, ch 1148, 1

353.1A Board may establish.The board of supervisors of any county where there is no privately owned quarry, or when

a privately owned quarry is unable to supply limestone in the same amount and at the sameprice and terms, shall have the jurisdiction, power and authority, at any regular, specialor adjourned session to establish, locate, acquire by purchase or lease for the county use,any limestone quarry not at that time being operated by private individuals, corporationsor associations, suitable for agricultural purposes. Such quarry shall not be so established,located, acquired, or leased unless and until the board has determined by actual investigationthat the county can produce by such method lime at less cost than lime of the same qualitymay be purchased by the county and delivered in the county from other sources.[C39, 3142.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 202.1]C93, 353.1C2001, 353.1A

353.2 Equipment to operate.The board of supervisors shall have the authority and power to acquire such equipment as

it shall deem necessary for the operation of any limestone quarry acquired for the productionof agricultural lime.[C39, 3142.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 202.2]C93, 353.2

353.3 Petition by farm owners.When a petition signed by fifty or more owners of farms within the county requesting

the board of supervisors to sell lime to them under this chapter is filed with the board ofsupervisors, or when a petition signed by any number of owners of farms within the countyrequesting the board of supervisors to sell to them under this chapter an amount of limeaggregating not less than five thousand tons, is filed with the board of supervisors, said boardmay provide for and sell, under the provisions of this chapter, such lime as is requested tothe said farm owners signing the petition and to any others requesting such sale of lime.[C39, 3142.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 202.3]C93, 353.3

353.4 Assessment lien.The board shall have full power and authority to quarry, pulverize and sell or to purchase

and resell to said farm owners in their respective counties, limestone for their use on theirfarms and may either sell same for cash, or on application of any farm owner in the county,written notice having been first given to the mortgage or lienholder and consent of said

Thu Jan 08 21:31:07 2015 Iowa Code 2015, Chapter 353 (5, 0)

353.4, COUNTY LIMESTONE QUARRIES 2

lienholders having been obtained in writing, which consent shall be filed in the office of thecounty auditor, provide agricultural lime, and deliver same to farm of applicant, paymentfor same to be provided for by a special assessment tax levy against the real estate sobenefited in the amount of the sales value and transportation of said agricultural lime, whichassessment shall be payable at the option of the owner of the farm or the owners legal heirsor assignees in its entirety on or before December 1 following the receipt of said lime or maybe paid in five equal annual installments payable on October 1 of each succeeding year withthe ordinary taxes until said special assessment is fully paid. The special assessment shall,by consent, be a lien prior to any lien or liens upon said real estate.[C39, 3142.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 202.4]C93, 353.4Referred to in 353.5

353.5 Interest on installments.All unpaid installments of the special assessment tax levied against the property described

in section 353.4 shall bear interest at a rate not exceeding that permitted by chapter 74Aand all delinquent installments shall be subject to the same penalties as are now applied todelinquent general taxes.[C39, 3142.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 202.5]C93, 353.5

353.6 Anticipatory warrants.The board shall have the authority for the purpose of financing and carrying out

the provisions of this chapter to issue anticipatory warrants drawn on the county, indenominations of one hundred dollars, five hundred dollars and one thousand dollars, whichanticipatory warrants shall draw interest at a rate not exceeding that permitted by chapter74A; and shall not be a general obligation on the county and be secured only by the specialassessment tax levy as herein provided.[C39, 3142.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 202.6]C93, 353.6

353.7 Contents of warrants.All such anticipatorywarrants shall be signed by the chairperson of the board of supervisors

and attested by the county auditor with the auditors official seal attached thereto, and datedas of the date of sale, and shall not be sold for less than par value. Said bonds may be drawnand sold from time to time as the need for funds to carry out the purpose of this chapterarises.[C39, 3142.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 202.7]C93, 353.7Referred to in 331.502

353.8 Registration call.All anticipatory warrants drawn under the provisions of this chapter, shall be numbered

consecutively, and be registered in the office of the county treasurer and be subject to call innumerical order at any time when sufficient money derived from the sale of such limestoneor the payment of a special assessment levied therefor, is in the hands of the county treasurerto retire any of said warrants together with accrued interest thereon.[C39, 3142.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 202.8]C93, 353.8Referred to in 331.552

353.9 Price of lime.The cost price of this agricultural lime shall be fixed by the board of supervisors, at not

less than the actual cost of production at the quarry with ten percent added to provide for the


3 COUNTY LIMESTONE QUARRIES, 353.11

cost of and depreciation on the equipment used in the production of said agricultural lime,together with any cost in transportation of the lime from the quarry to the farm of applicant.[C39, 3142.17; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 202.9]C93, 353.9Referred to in 353.10

353.10 Cost calculated.In calculating the cost price of the agricultural lime to the county as referred to in

section 353.9, all elements of the cost of the operations, including the amortization of thepurchase price of any quarries, lands, or equipment over the period during which anybonds, warrants or other obligations incurred by the county therefor shall mature, cost of alllabor, proportionate and actual administrative overhead of county officials and other countyexecutive employees in administering said chapter and conducting said business, repairs toplant machinery and equipment, wages of all employees and all other costs of productionshall be kept in a separate system of accounts, and all books and records with respect tothe cost of said agricultural limestone and the methods of bookkeeping and all records inconnection with the production, disposal and sale of said agricultural limestone shall beopen to the inspection of the public at all times.[C39, 3142.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 202.10]C93, 353.10

353.11 Relief labor.The board is specifically authorized to use relief labor in the production of agricultural lime

as provided for in this chapter, but shall pay the prevailing labor scale for that type of work,customary in that vicinity.[C39, 3142.19; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 202.11]C93, 353.11


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